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Open or Active Warrants

Oftentimes, I am contacted by a person who has an active or open warrant for their arrest. A warrant for arrest issued by a court can be for various different reasons. An order for arrest can be issued if a person missed a court date, violated probation, or was the subject of a criminal investigation. Sometimes a commit order is issued when a person violates the terms of, fails to comply with, or there is a failure to submit proof that conditions were completed in a deferred sentence.

In an investigation, a person may or may not know that they are the subject of the investigation. Law enforcement generally is not interested in your side of the story. Sometimes a sworn complaint is filed in the courthouse and the State Attorney's Office will review the matter, and then request a warrant if they believe a crime has occurred. Some people are surprised to learn that they have an active warrant in this scenario.

A very common way to get a warrant is to miss a court date or a violation of probation. A deferred sentence occurs when the court sentences to jail or prison but leaves a person free with certain conditions. A violation of those conditions or failure to comply or complete the terms will result in a warrant or commit order.

Normally, the only way to deal with an open warrant is to be arrested or surrender. Ideally, someone with an open arrest order should surrender themselves as this usually helps to achieve the best result possible. The recent case of Cornelius Anderson shows that if and a person can demonstrate changed circumstances and/or mistake or lack of prosecution by the State then good things can happen.

Whether the warrant is old or new, if you or a loved one has an active warrant, the best course of action is to contact a lawyer immediately. Please click or call today for a consultation.

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